For what its worth...I don't think anyone is going out of their way to do you wrong. In my opinion the administratvie seperation process is broken across the board in the National Guard since there is a lack of full time legal people like me who would normally do this work. In our absense....someone has to do it.

They are just working in their normal enviorment for what their used too.....doesn't make it right though.

Outside of the fact that you may have a medical DQ, you may get discharged, you may not be able to enlist again or maybe you can....I don't know any of that; the real concern is if you were truly injured on duty, and you are requireing surgery, it could cause a mess for you down the road. You should have the ability for VA compensation, if needed.

I don't think they are going out of their way to do me wrong nor am I some naive kid that thinks "boo hoo, the whole world's against me". What I think is they are just selecting the easy way out. There are regs they could go with such as "medically unfit for retention", "no waiting period just have to be healed up and show it" also "physical condition or physical condition not a disability" there is even "disability with a sub-part stating not in the line of duty...any of these are not considered unfavorable discharges, so why go with what they implied they are going with?

I have contacted JAG AGAIN and have requested to see my discharge before it is processed; I realize this may be more a courtesy than a right as they usually sign them off as "soldier not available for signature" but I still want to see it.

I was told the Chief and CSM may call me to ask if I was dealing with this prior and a recruiter just told me to lie, etc, etc and I can tell you that I hope they DO call because I would certainly like to talk to them.

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It's just posted for the general knowledge of the board. So everyone can learn.

Most of those other types of medical seperation actions you listed....while a little off the mark, would usually require the MEB/PEB process, which in turn usually would require LOD.

And I was told I would be denied a request for an MEB because that is for soldiers who have completed training and I would also be denied an LOD investigation because GOING to sick call would have been the LOD; I didn't go, so I am SOL. (I'm paraphrasing, of course)

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And I was told I would be denied a request for an MEB because that is for soldiers who have completed training and I would also be denied an LOD investigation because GOING to sick call would have been the LOD; I didn't go, so I am SOL. (I'm paraphrasing, of course)

MEB's are not requested. They are directed by a military medical provider, which obviously requires going to see one.

At this point, you have pretty much received as much advice as anyone can give. You know who you need to contact, speak with JAG, IG, be patient but persistent.

Also, I will add, if you mentioned to your classmates at OCS what was going on and they have knowledge that you were refused treatment, you could get sworn statements from them and possibly be able to get an LOD created from that time frame. Especially if you went to your civilian doctor the very next week.

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MEB's are not requested. They are directed by a military medical provider, which obviously requires going to see one.

At this point, you have pretty much received as much advice as anyone can give. You know who you need to contact, speak with JAG, IG, be patient but persistent.

Best of luck to you.

Please note, the current list for Accession Options that a recruiter who is trying to help just sent me, (i.e. the list they currently use) is ARNG Accession Options Criteria - FY-12/13, First Edition. 13 Fecruary 2012.

Table 3-1 PS/GNPS Military Separations/Discharges and Chapter 4

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Also, I will add, if you mentioned to your classmates at OCS what was going on and they have knowledge that you were refused treatment, you could get sworn statements from them and possibly be able to get an LOD created from that time frame. Especially if you went to your civilian doctor the very next week.

Can she request a PHA? Doesn't that send a red-flag to a military doctor and require investigation? Just a thought on how to get an LOD started...

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Can she request a PHA? Doesn't that send a red-flag to a military doctor and require investigation? Just a thought on how to get an LOD started...

I'm not an expert, but it seems PHA, by itself, would not determine whether her service is the cause of her injury. It still comes down to that LOD OR the issue of being denied medical attention (which would produce an LOD).

I understand what you are saying and what you are trying to do. Do you think her unit will schedule her for a PHA if the unit is not scheduled for a PHA and she has no real need (from their POV) for a PHA?

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I'm not an expert, but it seems PHA, by itself, would not determine whether her service is the cause of her injury. It still comes down to that LOD OR the issue of being denied medical attention (which would produce an LOD).

I understand what you are saying and what you are trying to do. Do you think her unit will schedule her for a PHA if the unit is not scheduled for a PHA and she has no real need (from their POV) for a PHA?

I guess I was also coming from the thought that she needs to get her medical issues documented by a military doctor. Once she does this, perhaps she'll be given the opportunity to submit sworn statements from OCS witnesses, Readiness NCOs, civilian doctors...etc, that can verify the injury did not happen prior to enlistment.

As far as requesting a PHA, that I'm not certain on this either. I know in my unit Soldiers can attend PHA's with other units if we aren't going anytime soon.

It may be a irrelevant. I'm just thinking out loud here.

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Especially since I went to RSP for 7 MONTHS before BCT and never ONCE had an issue (or in my life) but upon my return have had plenty of them. If I had a prior condition, it would have surely flared up at SOME point training for BCT.

I was non prior service 09S. I had a PHA done in order to attend AOCS. Actually, I had the PHA done at AOCS. Some favors were pulled, but long story short, if that PHA was not done, I would have been sent home. I had a commissioning physical done before I went to BCT as well.

I'm not saying you're wrong. You may very well be right. But this was just my experience.

I was non prior service 09S. I had a PHA done in order to attend AOCS. Actually, I had the PHA done at AOCS. Some favors were pulled, but long story short, if that PHA was not done, I would have been sent home. I had a commissioning physical done before I went to BCT as well.

Stuff for OCS is one thing, she left OCS and so was essentially considered in the pipeline again, thus why she would have to be discharged at reaching 24 months regardless of medical situation.

I'm actually surprised they aren't just discharging her for that reason instead of saying its a medical discharge.

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Stuff for OCS is one thing, she left OCS and so was essentially considered in the pipeline again, thus why she would have to be discharged at reaching 24 months regardless of medical situation.

I'm actually surprised they aren't just discharging her for that reason instead of saying its a medical discharge.

Then I would have to say that NJ does thing a bit differently (and probably incorrectly). There were a handful of non prior service 09S at the RTI for well in excess of 24 months that were never discharged. They eventually commissioned or went to AIT. Jwarren can attest to this. He knows the individuals I'm talking about.